Torres et al v. True North Capital Properties, LLC
| Gerald Torres, Isaac R Torres, Jayvanni R Torres, Gerard Torres, I. T. and J. T. |
| True North Capital Properties, LLC and Randy (last name not provided) |
| 1:2023cv13120 |
| December 18, 2023 |
| US District Court for the District of Massachusetts |
| Allison D Burroughs |
| M Page Kelley |
| Civil Rights: Other |
| 42 U.S.C. ยง 1981 Housing Discrimination |
| None |
Docket Report
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| Document Text |
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| Filing 13 EXHIBITS by Gerard Torres. (Currie, Haley) |
| Filing 12 Copy re 11 Motion Hearing mailed to Gerard Torres on 12/22/2023. (Belmont, Kellyann) |
| Filing 11 Electronic Clerk's Notes for proceedings held before District Judge Leo T. Sorokin: Motion Hearing held on 12/22/2023 re #3 MOTION filed by Gerard Torres. Plaintiff appears for hearing by video. Plaintiff did not provide notice to defendants about the pending action or notice of the hearing. Plaintiff reports management is giving him additional time to find other housing and informs the Court that he is not seeking relief sought in his motion at this time. Court instructed plaintiff that if he seeks relief from the Court in the future he must provide the paperwork he files in the case to the defendants. Court instructs the plaintiff that service of filings in the case is different than serving the complaint. (Court Reporter: Rachel Lopez at raeufp@gmail.com.)(Attorneys present: Gerard Torres (pro se plaintiff)) (Belmont, Kellyann) |
| Filing 10 Summons Issued as to Randy (last name not provided), True North Capital Properties, LLC. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Belmont, Kellyann) |
| Filing 9 ELECTRONIC NOTICE Setting Hearing on Motion #3 MOTION : Motion Hearing set for 12/22/2023 11:30 AM in Courtroom 13 (Remote only) before District Judge Leo T. Sorokin. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the courtroom deputy of the session as soon as possible.Audio access to the hearing may be available to the media and public. Please check the #Court schedule. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html.For questions regarding access to hearings, you may refer to the general orders and public notices of the Court available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov.(Belmont, Kellyann) |
| Filing 8 NOTICE to Plaintiff re Service by USMS; Local Rule 4.1. USM-285 forms will be mailed to plaintiff, and they are also available at https://www.usmarshals.gov/sites/default/files/media/document/usm-285_process-receipt.pdf (PSSA, 3) |
| Filing 7 District Judge Leo T. Sorokin: ORDER entered. 1. The motion for leave to proceed in forma pauperis #2 is GRANTED. 2. The motion for additional time to find housing #3 is DENIED insofar as Torres asks this Court to grant relief without giving the defendants an opportunity to respond. The motion shall remain pending on the docket. The Court shall hold a remote hearing on the motion on Friday December 22, 2023 at 11:30 a.m. It is Torres's responsibility to provide the defendants with a copy of the complaint and the motion for additional time to find housing within 24 hours of receipt of this order, even if he is not able to serve the defendants in accordance with Rule 4 by that deadline. 3. The Clerk shall issue a summons for each defendant. 4. Torres is responsible for serving a summons, the complaint, the motion for additional time to find housing #3 , and this order on each defendant in accordance with Rule 4 of the Federal Rules of Civil Procedure. 5. Because Torres is proceeding in forma pauperis, he may elect to have service completed by the United States Marshals Service. 6. Torres shall have 90 days from the date of the issuance of the summonses to complete service. 7. The Court will dismiss the minor children as plaintiffs to this action in 35 days unless counsel has appeared for them. (PSSA, 3) (Main Document 7 replaced on 12/20/2023) (PSSA, 3). |
| Filing 6 ELECTRONIC NOTICE of Case Reassignment. Judge Allison D. Burroughs assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge M. Page Kelley. (Cowan, Nicole) Modified on 12/19/2023 to correct the Magistrate Judge as M. Page Kelly and not Donald L. Cabell (Danieli, Chris). |
| Filing 5 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered. In #3 , plaintiff appears to request an extension of his lease which expires on December 31, 2023, a request which arguably entails injunctive relief. Absent consent of all parties, United States Magistrate Judges lack jurisdiction to decide motions for injunctive relief. 28 U.S.C. s. 636(b)(1)(A), (c)(1). Because plaintiff's motion to proceed in forma pauperis remains pending, no summons has issued and, necessarily, service of process has not been completed. Given the unlikelihood that the court would be able to inquire as to whether all parties consent to magistrate judge jurisdiction prior to December 31, 2023, the court orders that this case be re-assigned to a United States District Judge. (Ferguson, Kerry) |
| Filing 4 NOTICE of Case Assignment. Magistrate Judge M. Page Kelley assigned to case. Plaintiff's counsel, or defendant's counsel if this case was initiated by the filing of a Notice of Removal, are directed to the Notice and Procedures regarding Consent to Proceed before the Magistrate Judge which can be downloaded #here. These documents will be mailed to counsel not receiving notice electronically. Pursuant to General Order 09-3, until the Court receives for filing either a consent to the Magistrate Judge's jurisdiction or the reassignment of the case to a District Judge, the initial assignment of a civil case to the Magistrate Judge is a referral to the Magistrate Judge under 28 USC 636(b) for all pretrial non-dispositive matters and Report and Recommendations, but not for the Rule 16(b) scheduling conference. (Cook, Savannah) |
| Filing 3 MOTION by Gerard Torres.(Castilla, Francis) Modified on 12/20/2023 (PSSA, 3). |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Gerard Torres.(Castilla, Francis) Modified on 12/20/2023 (PSSA, 3). |
| Filing 1 COMPLAINT against All Defendants, filed by Gerard Torres, I.T., J.T. (Attachments: #1 Civil Cover Sheet Category Form)(Castilla, Francis) Modified on 12/19/2023 (PSSA, 3). Modified on 12/20/2023 (PSSA, 3). |
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